Tag Archives: Articles

The 8(a) Mentor Protégé Program: Opportunities for Large and Small Businesses

By Kerry O’Neill Under the Small Business Administration’s (“SBA”) 8(a) Mentor-Protégé program, large businesses provide various forms of business development assistance to small businesses participants, including, for example, technical and/or management assistance, financial assistance, and assistance in performing prime contracts. The program, whose governing regulations are set out in 13 C.F.R. Part 124, offers substantial … Continue Reading

Penalties for Expressly Unallowable Costs – The ASBCA Reconsiders and Ups the Ante for Contractors

By John W. Chierichella and Alexander W. Major Under FAR 42.709-1, penalties for expressly unallowable costs are to be waived when the expressly “unallowable costs under this proposal” are less than $10,000. Although there are other bases for the waiver of the penalties, those other bases are discretionary. The $10,000 exclusion is mandatory.… Continue Reading

Fisher v. Halliburton: Fifth Circuit Invokes Common Sense To Defend Defense Base Act

By Alex Major In March 2010, a federal district court in Texas ruled that the deaths and injuries sustained by a group of civilian convoy drivers in Iraq during insurgent attacks were not “accidents” caused by conditions of their employment and were, therefore, outside the scope of the protections afforded to contractors by the Defense … Continue Reading

Mandatory Debarment for FCPA Violations? A Bad Idea Whose Time Should Never Come

By Mike Emmick In the fervor of the U.S.’s current anti-foreign-corruption efforts, a particularly misguided proposal has occasionally reared its ugly head: Requiring “mandatory debarment” for any company that violates the Foreign Corrupt Practices Act (“FCPA”). On the merits, such a proposal is completely wrong-headed. Debarment is a severe, forward-looking administrative remedy – the corporate … Continue Reading

“Buy American” and Photovoltaic Devices – Interim Rule Issued by DoD

By David Gallacher and Curt Dombek Last year in January 2011, the President signed the 2011 National Defense Authorization Act (Pub. L. No. 111-383, Section 846), which included a “Buy American” requirement for photovoltaic devices being purchased by the U.S. Department of Defense (“DoD”). We previously discussed this new requirement in our blog. Twelve months … Continue Reading

New 2012 Updates to U.S. Free Trade Agreements Expected; No Progress With China

By David Gallacher 2012 will see changes regarding U.S. free trade agreements relating to, first, the dollar thresholds at which the various agreements apply to federal purchases and, second, the likely expansion of the scope of the World Trade Organization Government Procurement Agreement ("WTO GPA"). The updated dollar thresholds are important for government contractors because … Continue Reading

No Stone Unturned–Mitigating Risk In A Government Contracts Due Diligence

By Marko W. Kipa, Anne B. Perry, and Lucantonio N. Salvi An acquisition transaction involving a government contractor brings with it a unique set of rules and regulations. There is no shortage of frequently changing and complex requirements regulating a government contractor’s operations, and a firm grasp of these requirements is crucial both to arriving … Continue Reading

Prosecutorial misconduct stymies Justice Department in FCPA trials

By Bethany Hengsbach In a stunning conclusion to the U.S. Department of Justice’s first guilty jury verdict against a corporation under the Foreign Corrupt Practices Act (FCPA), the U.S. District Court, Central District of California granted the defendants’ request to vacate the conviction of Lindsey Manufacturing Co. and its executives, and dismiss the indictment due … Continue Reading

CFIUS Submits Annual Report to Congress

By Thaddeus McBride, Brian Weimer, and Dan Brooks The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) recently submitted its annual report to Congress for calendar year 2010. The report, which provides general information on notices filed, reviews and investigations completed by CFIUS during the year, and the types of security … Continue Reading

State Bans On Offshore Contracting

Introduction By John W. Chierichella (B.A., Cornell University, 1969) From time to time in this blog, we have reported on developments relating to federal restrictions on the direct or indirect acquisition of offshore resources, with the ever evolving restrictions on the acquisition of specialty metals being a particular bête noire of our contributors.  This month we are … Continue Reading

Guest Article – “Aerospace & Defense Technical Alert”

In a recent issue of our Blog, we reported on the new FAR requirements relating to the development and implementation of contractor ethics and compliance programs.  We are pleased in this issue to have been authorized by PriceWaterhouseCoopers to provide you with a reprint of its recent “A&D Technical Alert” relating to this issue.  The Alert, click … Continue Reading


If Government Agents Arrive, Follow These Steps: Ask for identification of the agent-in-charge and the prosecutor. Get business cards. Contact your company’s inside or outside counsel. Ask the agents to talk to your counsel. Request the agents not begin the search until counsel can be present. Read the search warrant to learn what areas may … Continue Reading

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